Mideast: Palestinians File Lawsuits Over Gaza War

by Mel Frykberg (ramallah)
Friday,
October 30, 2009
Inter Press ServiceAs the legal and moral implications of the UN
Goldstone report on Israel's military assault on Gaza continue to
mount, Gazans are taking matters into their own hands and preparing
civil lawsuits.
The Israeli defence ministry's prosecution
department has received about 1,500 notices of future civil lawsuits
against the Israeli Defence Forces (IDF) over damage caused to
Palestinians and their property, and loss of earning capacity during
Operation Cast Lead, Israel's codename for its three-week attack on the
coastal territory.Israel is expected counter-argue that it was
fighting on foreign territory and so it bears no legal responsibility
for the aftermath of its intensive bombing campaign.However,
under international law Gaza is still considered occupied by Israel as
the Israeli authorities continue to control the territory's borders,
airspace, coastline, population registration, and electricity and water
supplies.The IDF has also established wide buffer zones within
Gaza's borders and forbidden Palestinian farmers from approaching their
agricultural lands situated within the buffer areas. A number of
Palestinians have been shot dead or wounded for entering the zones.Furthermore,
the Israeli navy prevents Palestinian fishermen from pursuing their
livelihoods along Gaza's coastline by limiting fishing to a three
nautical- mile zone out to sea. Several fishermen have been killed, many
more wounded, and dozens of boats have been shot at or destroyed for
going beyond the zone.As South African Justice Richard
Goldstone's UN report on war crimes in Gaza continues to gain
international legitimacy, the Gazans behind the civil lawsuits, which
include claims that amount to tens of millions of dollars, are
launching their action without waiting for the UN's final verdict.The
matter is due to be discussed at the UN General Assembly next week.This
is not the first time that Palestinians have successfully filed
lawsuits against the IDF. It follows precedents set during the first
and second Intifadas, or uprisings, when injured Palestinians were
financially compensated for injuries sustained during clashes with the
IDF.As a result of the payouts the Israeli parliament or Knesset
is working on formulating a new law which will substantially limit the
lawsuits which can be brought by Palestinians against the state. Only
rare claims on a humanitarian basis will be considered.
Simultaneously as Gazans prepare to take legal action human rights
lawyers and pro-Palestinian activists in a number of European countries
are preparing lists with the names of Israeli officers they allege
were involved in war crimes in Gaza.The lawyers have been
collecting Palestinian testimonies and other evidence. Legislation in a
number of European countries would allow warrants to be issued against
the officers involved if they set foot in these countries, which
include Britain, Holland, Spain, Belgium and Norway.Daniel
Makover, one of the attorneys involved, told the Israeli daily Haaretz
that a list of names of Israeli officers is already on a British police
watch list, and should they travel to Britain they could face
detention.The IDF has already advised the relevant Israeli
officers to consult with legal experts at the Israeli Foreign Ministry
for advice before they travel abroad. This advice has included keeping a
low profile in certain countries and avoiding others.The
Goldstone report has strengthened the case of the European lawyers, the
lawsuits filed by Gazans, and also prompted the Israeli Foreign
Ministry to take counter action.Israeli Prime Minister Benjamin
Netanyahu on Tuesday approved the establishment of a task force, which
includes General Prosecutor Menachem Mazuz and Chief Military
Prosecutor Avihai Mandelblit as well as the legal adviser to the
foreign ministry, to counter the Goldstone report.Netanyahu vowed
that no Israeli soldier or officer would be brought before a
commission of inquiry, but Israeli action appears too little and too
late.Gabriela Shalev, Israel's ambassador to the UN, warned on
Wednesday that the damage caused to Israel abroad would not be
eliminated even if Israel carries out an independent inquiry into the
war as advised to by the international community.'There are no
legal questions here and we shouldn't be deluding ourselves that the
report will disappear if we launch a probe,' said Shalev during a
discussion held at the Israel Democracy Institute. 'We are seeing
a murky wave against the State of Israel the likes of which has not
been seen in many years,' she added.Dr Samir Awad from Birzeit
University near Ramallah says even if Israel follows the advice of its
allies and conducts an inquiry into the Gaza war to minimise
international criticism, Israel's reputation has irreversibly worsened.'The
only slightly possible way to lessen damage to Israel's reputation
would be for Israel to renew real and meaningful peace negotiations
with the Palestinians, and even then I don't think that would
successfully counter the credibility of the Goldstone report,' Awad
told IPS.'The damage has been done,' agrees Prof. Moshe Ma'oz
from Jerusalem's Hebrew University. 'The news is all over the world.
Even if Israel comes up with a credible counter-report and independent
inquiry, all this will do is reduce the fallout,' Ma'oz told IPS.
TOPIC : Mideast: Palestinians File Lawsuits Over Gaza War  SOURCE : Linguistic Studies ** http://languages.forumactif.org/